Unit 2
Guide to
Relationship
Building
Unit 2: Table of contents
1. A guide to relationship building: Meeting and working with your neighbour ... 13
1.1 Working with First Nations: A guide for municipalities ... 13
1.1.1 Tips for working effectively toward strong relationships ... 16
1.2 Working with municipal governments: A guide for First Nations ... 17
1.3 Tips for working effectively toward strong relationships: A guide for First Nations and municipalities ... 19
1.4 Community engagement ... 20
1.5 Cross-cultural awareness ... 20
1.5.1 Benefits of cross-cultural awareness ... 21
1.5.2 Possible areas for discussion in a cross-cultural workshop ... 21
1.5.3 Applying this knowledge in your working relationship ... 22
1.6 Checklist for positive relationship building ... 22
1.7 Tools: Templates for relationship building ... 24
1.7.1 Letter of intent template ... 24
1.7.2 Communications protocol template ... 26
1.8 Relationship building references ... 31
2. Municipal and First Nations governance structures ... 33
2.1 Similarities and differences ... 33
2.2 Municipal governance structures ... 35
2.2.1 Municipal acts and ministries ... 35
2.2.2 Municipal councils ... 35
2.2.3 Municipal administration ... 36
2.2.4 Municipal services ... 36
2.2.5 Municipal funding ... 37
2.3 First Nations governance structures ... 37
2.3.1 The Indian Act ... 37
2.3.2 Chief and council ... 38
2.3.3 Tribal councils ... 38
2.3.4 Band administration ... 38
2.3.5 Social structure ... 39
2.3.6 Band services ... 39
2.3.7 Band funding ... 39
2.4 Governance structure references ... 40
3. Collaborative dispute resolution ... 41
3.1 Prevention ... 41
3.2 Alternative dispute resolution ... 42
3.3 Mechanisms and methods for dispute resolution ... 42
3.4 Aboriginal perspectives on ADR ... 45
3.5 ADR references ... 45
4. Relationship Building Case Studies ... 47
UNIT
2
1. A guide to relationship
building: Meeting and working
with your neighbour
1.1 Working with First Nations:
A guide for municipalities
It is important to recognize that there is a sig-nificant amount of diversity among First Na-tions governments in terms of their population size, geography, capacity, income, educational attainment and autonomy. There are ad-ditional differences across Canada concerning linguistic groupings, culture, history and the extent to which traditional practices have been
maintained through policies and programs of discrimination and assimilation such as residential schools. Attention should be paid to getting to know your adjacent First Nation community individually to get a better under-standing of their unique history and political and social relationships. (For more resources including common questions and answers, please see Unit 2, Chapter 2.4: Governance structure references.)
Intergovernmental relationships bind communities together in a positive way and encourage col-laboration and development and help ensure potential conflict is resolved more effectively when pursuing a service agreement. Only in recent times has the relationship between First Nations governments and local governments been identified as a significant national opportunity. For much of Canada’s history, provinces, territories and local governments were only marginally involved in Aboriginal issues. In the past few decades, a number of modern treaties have resulted in increased interaction between First Nation and local municipal governments. To develop a service agree-ment, First Nations and local municipal governments will need to continue to interact and ensure that they are doing so in an effective manner.
The next section explores principles behind creating, enhancing and maintaining harmonious and productive relationships between municipal governments and First Nations governments including common myths and tips for working effectively together.
UNIT
2
What is the difference between Aboriginal, First Nation, and Indian? Which word should I use? We hear a lot about Aboriginal rights and title. What does this mean?Aboriginal refers to the original inhabitants of Canada and can be
sub-divided into three groups: Indians, Inuit and Métis. These groups have distinct heritages, languages and beliefs and are only linked through their indigenous ancestry.
First Nations is a term that has come into use in the last few decades to
replace the term Indian, which some people find offensive. In its use, First Nations refers to an individual of indigenous ancestry who is neither Inuit nor Métis, and in many cases also replaces the terms band or community. Although First Nations is considered more polite and respectful, this term is not used commonly in legal documentation. Historically, First Nations people were referred to as Indian, which is a term to describe Aboriginal people who are neither Inuit nor Métis.
In general, what people prefer to be referred to is individual choice. It is important that you ask these questions and get to know your contact’s individual perspectives on these issues.
Aboriginal rights refer to the practices that were in use before European contact, including unique cultural practices, traditions and customs. Legally speaking, the rights of Aboriginal peoples are set out separately in the Constitution to recognize that they are the descendants of the original inhabitants of Canada. Although the Canadian Constitution recognizes that Aboriginal rights exist, it does not define specifically what is considered an Aboriginal right.1 Ongoing court decisions are
working through resolutions to these claims.
Aboriginal title refers to the right to the land itself, not just the activi-ties that may occur on the land. In some parts of the country, treaactivi-ties dating back to the 1700s were signed setting apart lands for Aboriginal peoples; this continued across much of Canada through the 1900s. Some areas of Canada have no treaties and therefore some First Nations assert that because they did not surrender these lands to the Crown, they still have Aboriginal title to these areas. Ongoing court decisions are working through resolutions to these claims. Both Aboriginal rights and title are considered communal rather than individual. Aboriginal title recognizes a particular community’s access to land, rather than individual ownership of that parcel of land.
Is it true that First Nations have more privileges than the rest of the population?
Myth: There are no more “real” Aboriginal peoples.
It is a common myth that all First Nations have many additional privileges compared with those of the general Canadian population. Commonly cited privileges include not paying taxes, receiving free services that others must pay for (such as post-secondary education), and having easier lives than those living off-reserve.
In fact, First Nations enjoy the same fundamental benefits of all Canadians such as unemployment insurance and the child tax benefit. The federal government provides First Nations with services that are constitutionally allocated to the provinces.
Life for members of many First Nations is not easier than it is for the average Canadian. Overall there is a lower quality of living for Aboriginals than that of the average Canadian. This includes shorter life expectancy; higher unemployment; higher rates of suicide, alcoholism and drug abuse; higher levels of infant mortality; and proportionally lower educational attainment.2 In addition, for Aboriginals who live on reserves it is difficult
to own the land on which their houses are built to the same extent that other Canadians enjoy. This offers limited stability compared to that of those living off-reserve. The federal government in cooperation with band councils thus provides, for example, additional funding for post-secondary assistance and housing to ensure that First Nations may achieve the same standard of living as other Canadians.
In the case of taxes, Inuit, Métis and non-status Indians are required to pay taxes. First Nations individuals working on-reserve with a company that is also located on-reserve are not required to pay taxes. However, all First Nations working off-reserve are required to pay both federal and provincial taxes with the exception of employees of organizations that are specifically geared toward Aboriginal people.
While Aboriginal people live modern lives, this does not mean they are no longer any “real” Aboriginal peoples. Many are working to preserve and promote their own identity, culture, traditional practices, values and spirituality, which vary greatly from band to band.
Many Aboriginal people still practise traditional activities such as hunting, trapping and fishing, and many have maintained a respect for, and knowledge of, their traditional territories and environments.
2 For more information, see: “Fact Sheet: Top Misconceptions about Aboriginal People” by the Assembly of First Nations (AFN) in Unit 2, Chapter 1.8.
1.1.1 Tips for working effectively
toward strong relationships
There are some general tips to keep in mind when building a relationship with a First Nations government. The following tips were written by the Committee for the Advancement of Native Employment at Indian and Northern Affairs Canada (INAC) and appeared in their publication,
“Aboriginal Awareness Guide.”
Show respect
• It is important to not just talk to First Nations when you need something — get to know them as individuals. • Take time to learn about community
history, achievements and challenges. • Refusing food or drink from the hosting
First Nation may be considered disrespectful.
• Communicate in person rather than by email or telephone.
Communicate effectively
• Let people finish what they are saying and respect silences after someone has finished speaking.
• Be prepared to work in a highly emotional environment when discussing some issues, and be prepared to listen and not take an issue personally.
• Never refer to First Nations as stakeholders nor use the term institutionalize; both have negative associations.
• Some individuals avoid direct eye contact as a sign of respect; do not interpret this as shyness or being untrustworthy. • Remember, keep things light! Humour is
important.
Make effective decisions
• Plan a sufficient amount of time for meetings, especially if decisions need to be made.
• Try to avoid situations with authoritative decision making or imposed solutions; look for building consensus in the group, and decisions will be more legitimate. • Individuals can become uncomfortable
if asked to make decisions for the group. Oftentimes, community consultation, col-lective decision making, and permission to make decisions must occur.
1.2 Working with municipal governments: A guide for First Nations
Similar to First Nations communities, there is a significant amount of diversity among municipalities across Canada with regard to their population, size, geography and capacity. Therefore, when considering working with a nearby municipality for the provision of services, it is important to take time to learn the specifics of their unique community, government and needs. UNIT
2
Why would a municipality and First Nations want to work together?The incentives for service agreements include economies of scale and other benefits to building partnerships, such as the following:
• Improving relationships (community-to-community, government-to-government)
• Enhancing social standards
• Providing growth and new opportunities to both municipal and First Nations communities
• Building a stronger labour force
• Increasing capacity with both political and technical staff, due to knowledge sharing
• Implementing working partnerships that become business as usual • Accommodating regulatory changes; working together to meet
standards
• Improving levels of service • Realizing financial savings
Maintaining healthy communities and regions is in everyone’s interest. First Nations and municipalities share many of the same responsibilities as their residents. In many cases, community members live on the reserve or in a municipality and have family in both communities. Thus, coopera-tion is important to ensure good relacoopera-tionships, strong communities, and improved services to community members. Cooperation between munici-palities and First Nations is a way to achieve a better level of service on the large issues that require cooperation. Such issues include source water protection, recreation and some infrastructure and services projects.
Is it true that municipalities have a lot of fund-ing because they receive transfers from provincial and federal governments and through their municipal tax systems?
Municipalities across Canada have diverse sets of issues and differing levels of capacity to deal with these challenges. Of every tax dollar col-lected, only eight cents go to municipal governments. With that amount they must deliver an ever-expanding complement of human and physical services. From child care to housing to social assistance, municipal governments are taking over a share of the social-service costs once borne by the federal and provincial governments. Without additional resources, these services are funded primarily through property taxes. Municipali-ties often face financial constraints due to the large number of services that they are responsible for providing to their residents versus the limited amount of funding that they can derive from property taxes — particularly for municipalities with small populations.
Municipalities must plan carefully to ensure that they can make the most of their limited funds. And they must deal with constraints by making trade-offs with initiatives in their communities to ensure financial well-being.
UNIT
2
Myth: Cooperation with a municipality is not an option because the federal govern-ment does not manage it.Across Canada, municipalities and First Nations are working together to make stronger communities, improve regional standards of living, and cooperate on services. Despite the differing levels of government, First Nations and municipalities have similar community responsibilities and concerns and are able to work together, government to government.
UNIT
2
1.3 Tips for working effectively
toward strong relationships:
A guide for First Nations
and municipalities
The following section outlines some quick tips that are commonly overlooked and should be kept in mind by both parties while building relationships and discussing community needs.
Ensure that you are talking to the right person
Generally speaking, members from both parties should contact their equal in the other government or community. Mayors, as political leaders, should approach the Chief of a First Nation, also a political leader. Band managers should approach Chief Administrative Officers (CAOs) as they are both heads of administra-tion. Public works staff should feel comfortable speaking with public works staff from their neighbouring communities. This may change over time as relationships grow, but it is espe-cially important at the beginning of a relation-ship to show respect and ensure your concerns are addressed in face-to-face meetings with the right person.
Distinguish the political from the technical
Conversations about community cooperation and service agreements can generally be grouped into two categories: technical concerns and political concerns. Both catego-ries bring forward valid and varied concerns.
Political concerns include the nature of political relationships, historical tensions, governance (relationships between the four levels of government), jurisdiction and policy.
Technical concerns include management of joint facilities, service agreement negotiation, engineering standards, community health and safety needs, regulations and requirements. Although it is extremely difficult to completely separate these items, it is easy to become side-tracked and frustrated when conversations mix political and technical concerns. By clarifying the purpose of each meeting, it makes it easier for both parties to adjust expectations.
Attend as many events as possible
Make an effort to show respect for your partner community by attending community events (e.g., gatherings, open houses, powwows) and meetings when you are invited. This is a positive way to show interest in improving government-to-government relationships and to demonstrate a willingness to build relation-ships between communities. If you are unable to attend, try to make an effort to follow up and ensure that you can meet or attend another upcoming event.
Joint Council Meetings
Joint Council meetings are an effective way to get political representatives together to provide updates on each other’s communi-ties, establish relationships, and cooperate on issues of mutual concern. Joint Council meetings may be informal and held over a meal or may be formalized in a commun- ication protocol (see Unit 2, Chapter 1.7.2: Communications protocol template).
UNIT
2
1.4 Community engagement
As a part of maintaining a long-term partnership, municipalities and First Nations must work together to generate awareness and engage their communi-ties on the benefits of government-to-government relationships.
Community engagement can involve com-munity gatherings and meetings, door-to-door information sharing, press releases, emails and information flyers. Although community engagement is by no means mandatory, it acts as a powerful mechanism:
• It improves local support of communities working in partnership.
• It addresses concerns and myths from community members.
• It helps bring about behavioural changes from residents of both communities. These benefits ensure the sustainability of cooperation and service agreements in the long term.
The following section outlines several tips to assist in organizing successful community meetings and writing quality press and media releases to get support for your service agree-ment. (For more information and additional resources, please see Unit 2, Chapter 1.8: Relationship building references.)
1.5 Cross-cultural awareness
In the context of First Nation and municipal partnerships, it is important to consider cross-cultural similarities and differences when negotiating service agreements since each group’s cultural values will shape their beliefs, perceptions and actions at individual and community levels. Often times for partner-ships to be successful and service agreements to be signed, a period of getting to know each other is necessary to create a foundation of trust. This section discusses the benefits of establishing cross-cultural awareness initia-tives between municipal and First Nation governments as a stepping stone to service agreements, which includes tips for commu-nicating and topics to consider including in a cross-cultural workshop.
Is your culture oriented toward individualism or collectivism?
Individualism — tend to place high value on equality, freedom, material comfort, task
comple-tion and punctuality. Typical behaviours include frustracomple-tion with lateness and what is perceived as “wasted time” and in “getting right down to business” in meetings and discussions. Non-indigenous mainstream cultures tend to be oriented toward individualism.
Collectivism — tend to value consensus, cooperation, harmony and patience. Affiliation with
others and human relations are important, and so individuals are more likely to forgive lateness, and to take time to establish a relationship before getting down to business. Traditional indigenous cultures tend to be oriented toward collectivism.
Source: Aboriginal Awareness Workshop: Guide to Understanding Aboriginal Cultures in Canada, Aboriginal Affairs and Northern Development
UNIT
2
1.5.1 Benefits of cross-cultural
awareness
Cross-cultural awareness encourages the recog-nition of cultural differences while also noting similarities through which communication, understanding and relationships can be forged. The following points reflect the value of gaining a stronger sense of cross-cultural awareness:
Reduces misunderstandings and enhances trust
• Understanding and trust can be deepened when each government is more aware of how its and the other government’s cultural background influence their perceptions, values and decisions.
Aids in planning, setting goals and problem solving
• Each government can plan and problem-solve more effectively as they will be more attentive to what is important to them and the other party.
1.5.2 Possible areas for discussion in
a cross-cultural workshop
Holding a cross-cultural workshop early in the relationship-building process can provide opportunities to examine cultural views and encourage open, honest communication. This section explores possible topics for discussion at a municipal–First Nation cross-cultural work-shop. Some of the following topics were written by SPARC BC and taken from the publication,
Building Bridges Together: A Resource Guide for Intercultural Work Between Aboriginal and Non-Aboriginal Peoples. (For more resources,
please see Unit 2, Chapter 1.8: Relationship building resources.)
Debunk prejudices and stereotypes
A cross-cultural workshop can improve aware-ness of previous experience with the other cultural group (e.g., length and type of contact) and break down stereotypes about each culture.
It may be useful to take time to discuss ways to challenge prejudice that exists and recognize how it is holding your relationships back: • What stereotypes exist in your community? • How have they been affecting your
community?
• What impact do stereotypes have on you? On your partner?
• What is the best way to address these challenges in your communities?
Learn about each other’s culture
This part of a cross-cultural workshop provides an opportunity for municipal and First Nation participants to learn about each other’s cultural traditions, cultural protocols and unwritten social rules, and cultural events. Inviting your partnering community to an event such as a festival or powwow can cultivate greater culture understanding and respect.
Identify management style and administrative processes
Sometimes First Nation–municipal relation-ships can face challenges related to a lack of knowledge of political and administrative structures. Communities must also be aware of challenges that both municipal and First Nation administrations face (i.e., underfunding, lack of capacity, limited resources). Areas to discuss include the following:
• Leadership differences (staff functions/re-sponsibilities, election process, etc.) • Organizational process and operations
(funding, decision making process, etc.) discussing your community’s vision and goals
For more information about municipal and First Nations governance structures, please see
Unit 2, Chapter 2.2: Municipal governance structures and Unit 2, Chapter 2.3: First Nations governance structures.
UNIT
2
1.5.3 Applying this knowledge in your
working relationship
By gaining a better understanding of your neighbouring community through some of the strategies outlined in this section, you can apply this new understanding to your working relationship and improve collaboration. There are several concepts to keep in mind:
• Remember that the core of any successful relationship is respect and trust.
• Look for common goals and opportunities to work together while identifying gaps.
• Comply with other party’s negotiation protocols in a way that is comfortable for all parties.
• Appreciate that people from diverse cultures attach different meanings or importance to similar situations.
• Develop a clear understanding of how the other party defines the situation and the issues to be discussed.
• Develop a consistent method for communi-cation throughout the negotiation process.
1.6 Checklist for positive relationship-building
The following section highlights ways in which both First Nations governments and municipal governments can ensure effective relationships. For practical application of these principles, please see Unit 3: Guide to Service Agreements.
Be respectful
A successful working relationship will be based on a solid foundation of respect. This means taking time to learn about your partner, their values, perspectives and community. Being respectful also means carefully considering the impact of your actions on the other.
Communicate openly
The best way to get to know your neighbour is to have regular face-to-face meetings where open and respectful communication is encouraged. Service agreements cannot be negotiated by correspondence; the issues are too complex for such an approach. Open, in-person discus-sions will help avoid misunderstandings.
Create value for both parties
Creating mutual goals and keeping your eye on the big picture will help relationships move forward and help everyone strive to overcome obstacles.
Have realistic expectations
Although it may be obvious, it is worth stating that the issues to be addressed in a service agreement cannot be resolved in only one meeting. The goal of the first meeting between the municipality and First Nation should simply be for each party to gain a better understanding of the other party’s concerns and what may be needed to address them.
Use bottom-up approaches
When working between governments, it is easy to forget that cooperation and solid relation-ships also need to occur at a community level. By engaging citizens in information sessions, workshops and consultations, the entire community benefits and cooperation agreements will be more widely accepted (please see Unit 2, Chapter 1.4: Community engagement).
Practise integrity
Practicing integrity means working honestly and openly and following through on promises and obligations. It is closely linked with being trustworthy and being able to trust others, all of which are important to keep in mind while building relationships.
Use resources and experts
Don’t go it alone! Although the process of relationship building seems overwhelming, there are plenty of resources, contacts, and experts available to help you. They can answer any ques-tions you may have about relaques-tionship building, dispute resolution, service agreements and community infrastructure. Refer to our chapter-end references, annotated bibliography and case study section for more information.
Be flexible
While working in large groups and dealing with complex issues, it is easy to become frustrated and overwhelmed and to experience delays. By being flexible, you are being responsive to change and reducing stress and disappointment if things do not go exactly as planned.
Practise equality
Make sure that everyone in the relationship feels like they are being treated fairly. If equality is not possible, ensure that there is a well-understood reason for any difference in treatment.
Think long-term
Plan for the long term and establish where you would like to see your community in 25–50 years. You will then be better able to establish your priorities today and identify possibilities for collaboration in the future.
Clarify decision-making processes and responsibilities
To make your partnership most effective, it is important that both parties clarify decision- making processes (i.e., consensus-based, vote-based) and that parties understand their responsibilities to attend meetings, participate in decisions and use dispute resolution techniques when necessary. It is important for everyone to understand exactly what the various actors can offer and what they cannot. By being open, it is easier to establish each actor’s role in achieving shared objectives.
Establish systems for dispute resolution
In cases where there are disagreements among parties, an established dispute-resolution system can help parties resolve conflict before relationships are negatively affected. For more information about dispute resolution, see Unit 2, Chapter 3: Collaborative Dispute Resolution.
UNIT
2
1.7 Tools: Templates for
relationship building
Making contact with your neighbour may seem overwhelming at first. How do you introduce yourself and begin to build a relationship? How can you formalize a relationship and ensure that you and your neighbour are meet-ing on a regular basis to discuss community development and concerns? The following tools will help you approach your neighbour or, if your communities and governments have already been in contact, help you to ensure that your communities will make time for each other on a regular basis.
1.7.1 Letter of intent template
A letter of intent is a brief letter, usually no more than one page, that outlines why and how your community would like to build a relationship with the letter recipient’s commu-nity. This type of letter can be used to encour-age future meetings and informal discussions where individual community visions can be discussed and ways in which joint concerns may be dealt with. A letter of intent is a broad form of communication. It can be used when communicating between high-level elected officials such as the Chief, the Mayor, the band council or the municipal council.Note: The template provided is not a legal document and is intended for guidance purposes only.
[Name of First Nation or Municipality] [Date]
[Name]
[Position (e.g., Mayor/Chief)] [Address]
Dear [Name of recipient(s)],
I would like to introduce myself as the [position] of [Name of First Nation or Municipality]. I have been working with [Name of First Nation or Municipality] for [number of years/months]. Lately, my community has been focusing on:
[Discuss current overall objectives in your community, for example, economic development,
increasing environmental sustainability, or improving services or infrastructure.]
In the next 30 days, I would like to schedule a casual [get-to-know-you meeting/breakfast/lunch/
dinner] where we can learn more about each other and discuss our respective communities and
our visions for the future. As we both know, it is important to know your neighbour and work together for better outcomes for both communities and the region. Please let me know if there is a convenient time for you to meet with me.
I look forward to building a relationship with you and your community.
Sincerely,
[Signature] [Name]
UNIT
2
Letter of intent
UNIT
2
1.7.2 Communications protocol
template
A communications protocol agreement defines the parameters of a relationship between two or more communities. A communications protocol may also be called a memorandum of understanding, community accord, relationship agreement or communications agreement. Generally, communities that have established a mutual interest and identified common community or regional goals will enter into a communications protocol agree-ment. This ensures that regular meetings and ongoing information sharing will occur beyond the current terms of elected governments. It is a representation of a long-term commit-ment. The terms of the protocol may be as specific or vague as the parties prefer, includ-ing whether the agreement is intended to be binding or non-binding. Generally, a communications protocol will outline the following basic ideas:
Date and Parties: Signatories and when the agreement was created.
Whereas: General statements which outline why cooperating or communicating are impor-tant, statements recognizing jurisdiction and rights, any other statements which reflect the general feeling of the document.
Now therefore parties agree to the following:
• Purpose and objectives of the agreement • Principles and values: To guide the
relationship (e.g., fairness, transparency, respect, recognition)
Key interests: topics of mutual interest/ concern (e.g., service agreements, roads, environmental sustainability, youth engagement, planning)
Process:
• frequency of policy and administrative-level meetings
• creation of implementation committees or working groups
• engagement between administrative and technical levels
• how to share and safeguard information • how meetings will be chaired
• how agendas will be produced • the process for decision making • time/location of meetings
Dispute resolution: What to do with misinterpretation or disagreement (refer to ADR in toolkit)
Terms: how document takes effect, how it gets revised or amended, how long it is valid for
Signatures: who, when, where
A communications protocol must be tailored to meet the unique needs of both communi-ties; sections may be added to or deleted from the template (below) as necessary.
Note: The template provided is not a legal document and is intended for guidance purposes only.
THIS COMMUNICATIONS PROTOCOL made effective as of [date] BETWEEN: [Name of First Nation or Municipality]
[Address]
(hereinafter called the “First Nation”/“Municipality”) AND: [Name of First Nation or Municipality]
[Address]
(hereinafter called the “First Nation”/“Municipality”) (collectively, the “Parties”)
WHEREAS:
A. This Communications Protocol is designed to establish a positive working relationship based on common local interests.
B. Good communication is essential for maintaining a working relationship and reaching mutual agreement on any subject.
C. The Parties recognize that working together pursuant to a cooperative government-to- government relationship will facilitate the sharing of information, improve communications, and establish a solid foundation for future planning.
D. There is value to both Parties in working together on a number of practical items in each community.
1.0 GOVERNING PRINCIPLES OF COMMUNICATION
1.1 The Communications Protocol represents that the First Nation and the Municipality shall work together with mutual respect and recognition.
1.2 The Parties agree to open and frank communications with each other on areas of mutual interest.
1.3 There is a commitment by the First Nation and the Municipality to meet [on an
ongoing basis, at least quarterly, or more frequently as desired] to discuss issues
of common concern and interest.
2.0 JURISDICTION
2.1 The Parties endeavour to understand and respect each Party’s present and future jurisdiction and each other’s unique points of view.
UNIT
2
Communications protocol template
UNIT
2
3.0 TERM AND TERMINATION
3.1 This Protocol will remain in effect until [Date] or until replaced by the Parties with a successor agreement or is terminated by one of the Parties pursuant to section 3.2; 3.2 This Protocol may be terminated by either Party on [Number of months] months prior
written notice to the other Party.
4.0 MUTUAL CONFIDENTIALITY
4.1 Each Party will take all prudent measures to ensure that any information, including traditional knowledge, documents, reports or other material (hereinafter called “information”) provided by it to the other Party pursuant to or in connection with this Communications Protocol is treated as confidential and is not disclosed to any person except:
a. as may be required by law;
b. as otherwise consented to in advance by the other Party.
4.2 Without limiting the generality of Section 4.1, each party agrees that to ensure the foregoing confidentiality obligation is met, it will, from time to time, either in writing or verbally, expressly identify information as confidential or non-confidential to assist the other Party in fulfilling its confidentiality obligation.
5.0 REPRESENTATIVES
5.1 The Parties acknowledge and agree that they shall each, within 30 days of the signing of the Protocol, appoint a principal representative who shall initially be [Position in the band government; e.g., Chief] from the First Nation and [Position in the municipal government; e.g. Mayor] from the municipality as well as an alternative representative to act on behalf of the principal representative in the event the principal representative is unavailable.
6.0 COMMUNICATIONS FUNCTIONS
6.1 The Parties will dedicate the resources necessary to engage effectively in the process and will work together to ensure that the parties gave a full understanding of each other’s capacities, traditional roles, responsibilities, and current projects.
6.2 The Parties will make best efforts to ensure staff resources are available to implement this Communications Protocol.
7.0 PUBLICITY
7.1 The Parties acknowledge and agree that all communication regarding this Communications Protocol and the matters set out herein will be jointly agreed upon prior to any public releases, subject to each Party’s respective legal rights.
UNIT
2
8.0 AMENDMENTS8.1 This Communications Protocol may be amended from time to time by written agreement by both the Municipality and the First Nation to reflect changes in the relationship between the parties.
9.0 NOTICE
9.1 The address for delivery of any notice or other written communication required or permitted to be given in accordance with this Agreement, including any notice advising the other Party of any change of address, shall be as follows:
(a) to Municipality:
[Provide Address including the attention the letter should be directed to and other relevant contact information]
(b) to First Nation:
[Provide Address including the attention the letter should be directed to and other relevant contact information]
9.2 Any notice mailed shall be deemed to have been received on the fifth (5th) business day following the date of mailing. By notice faxed or emailed will be deemed to have been received on the first (1st) business day following the date of transmission. For the purposes of Section 9.2, the term “business day” shall mean Monday to Friday, inclusive of each week, excluding days that are statutory holidays in the Province of [name of province].
9.3 The Parties may change their address for delivery of any notice or other written communication in accordance with Section 9.1.
10.0 GENERAL TERMS
10.1 This Communication Protocol does not affect any Aboriginal right, title or interest of the First Nation.
10.2 This Communication Protocol does not prejudice or affect each of the Parties’ respec- tive rights, powers, duties or obligations in the exercise of their respective functions. 10.3 This Communication Protocol is in addition to any other agreements that already exist
between the Parties and is not intended to replace any such agreement. It is in- tended to indicate the Parties’ intention to work co-operatively together to resolve issues of mutual concern.
10.4 The Parties agree that it is not intended to be a legally binding agreement, except for the obligations in Section 4.1 above.
UNIT
2
IN WITNESS HEREOF the Parties have signed the Communications Protocol effective as of the date first written above.
By: ___________________________________________________________________________________ [Signature] Print Name: ______________________________________________________________________ Title/Position: ______________________________________________________________________ By: ___________________________________________________________________________________ [Signature] Print Name: ______________________________________________________________________ Title/Position: ______________________________________________________________________
UNIT
2
1.8 Relationship building references
Fact Sheet: Top Misconceptions about Aboriginal People Assembly of First Nations (AFN)
This document is a concise guide to addressing common myths and stereotypes about Aboriginal people in Canada. It also contains a list of resources for further information.
Building Bridges Together: A Resource Guide for Intercultural Work between Aboriginal and Non-Aboriginal Peoples
SPARC BC
This publication offers tips for addressing racism and stereotyping in intercultural relationships. Tools and questions to help better understand how these issues affect relationships are presented throughout the document. A number of case studies regarding overcoming obstacles in
relationship-building are showcased.
Towards Sound Government to Government Relations with First Nations: A Proposed Analytical Tool
Institute On Governance, John Graham and Jake Wilson
The purpose of this paper is to answer the questions “What constitutes good government-to- government relationships within Canada’s federal system?” and “How does the understanding of such a relationship have to be modified or refined to account for the special place of First Nations in Canada?” By addressing these two questions, the document provides parties with a tool to analyze more effectively the initiatives being proposed by governments. This tool provides a series of criteria and related questions organized around five good governance principles that are based on work done by the United Nations Development Program (Fairness, Direction, Legitimacy and Voice, Accountability, and Performance).
Building Trust: Capturing the Promise of Accountability in an Aboriginal Context Institute On Governance
This paper discusses governmental accountability.
Aboriginal Awareness Workshop: Guide to Understanding Aboriginal Cultures in Canada Indian and Northern Affairs Canada (now called Aboriginal Affairs and Northern Development)
This booklet provides background information about Aboriginal history, culture and communities in Canada. Some information covered in this resource includes Aboriginal perspectives on history, Aboriginal and treaty rights, Aboriginal constitutional matters and guidelines for communicating across cultures. Individual modules of this guide are also available for the following provinces and regions: Alberta, Atlantic Canada, British Columbia, Manitoba, Northwest Territories and Nunavut, Ontario, Saskatchewan, and Quebec.
UNIT
2
Aboriginal Awareness Guide
Indian and Northern Affairs Canada, (now called Aboriginal Affairs and Northern Development) BC Regional Office
This document provides basic information about sensitivity and cultural awareness when working with Aboriginal people. Tips on communication, stories and a pronunciation guide for all First Nations in British Columbia are included.
First Nations Communication Toolkit
Indian and Northern Affairs Canada (now called Aboriginal Affairs and Northern Development)
This toolkit contains tips for creating a communications strategy and developing communications strategy components including media releases, community meetings and engagement, and communications planning.
Building Relations with First Nations: A Handbook for Local Governments Lower Mainland Treaty Advisory Committee (LMTAC)
This handbook provides a concise summary of reference papers, reports and examples that explore new and innovative approaches to establish positive intergovernmental relations between neighbouring First Nations and local governments.
Alberta Native Friendship Centres Association Common Ground Facilitators Toolkit Alberta Native Friendship Centres Association
The Common Ground Project is a relationship-building effort that is based on traditional Aboriginal perspectives, customs and processes designed by the Alberta Native Friendship Centres Association. Although its focus is on municipalities engaging urban Aboriginal populations, it provides great resources for community engagement, relationship building, and working with a variety of stakeholders in a community environment.
UNIT
2
2. Municipal and First Nations
governance structures
2.1 Similarities and differences
By examining each system of governance and the services that each government provides to their community members, it is clear that First Nations and municipalities have several key similarities. These similarities make collabora-tion an effective way to ensure communities are achieving their goals.
Communities across Canada have similar problems with urban–rural divide, and the capacity and funding that is dictated by com-munity size and remoteness. For urban munic-ipalities and First Nations’ band councils are increasingly partnering in their urban areas. Band councils often have common interests in issues pertaining to the environment, provision
of services, and land-use planning. Munici-palities and First Nations have many parallel government structures and are responsible for providing many of the same services to their residents. This makes collaboration for services a reasonable option for delegating responsibilities and achieving goals.
The following chart provides a quick summary of similarities and differences in governance structures. For more information about spe-cific governance structures, please see Unit 2, Chapter 2.2: Municipal governance structures,
Unit 2, Chapter 2.3: First Nations governance structures, and Unit 2, Chapter 2.4:
Governance structure references.
To begin to understand how First Nations and municipalities can work together to provide services, it is necessary to understand:
• The basic structure of the government • The level of authority within the government • The functions of the government
• The services that the government can provide • The revenue sources of both forms of government
This section clarifies roles and responsibilities and provides a comparison between First Nation and municipal governments so that service agreements can be approached more effectively.
UNIT
2
Table 2: First Nations versus municipal government structures and services
First Nations Municipality Comparison Legislation federal
Indian Act
treaties self-government
provincial
municipal acts Both responsibilities dictated by a higher-level body, whether that be the provincial government and municipal acts, or the federal govern-ment, treaties, and the Indian Act.
Local government band council municipal council Band councils and municipal councils play a similar role in terms of their decision-making authority.
Head of local government Chief Mayor Reeve
Chief Elected Official
Chiefs and Mayors play a similar role in terms of their decision-making authority.
Regional governance tribal council regional district commission
metropolitan community Both may partner with other govern-ments to form regional bodies to discuss issues of mutual concern.
Head of administration Band manager Chief Administrative Officer
(CAO) First Nations and municipal govern-ments rely heavily on their respective administrations for necessary program delivery and support.
Services provided animal control band council resolutions business licensing elections
establishment of user fees fire protection
forest protection housing maintenance hunting and fishing regulation immunization and quarantine land-use planning
law and order lease land management management of intoxicants residential regulation road and bridge construction solid waste collection storm water street lamps survey of lands taxation traffic control water and wastewater zoning animal control bylaws cemeteries community programming emergency planning fire protection land management local roads
managing local elections parks and recreation planning
policing
preparation of budgets public libraries public transit
regulation (building permits) sidewalks
snow removal solid waste collection storm water street lamps survey of lands taxation
water and wastewater zoning
Municipalities and First Nations experience a great deal of autonomy. This in terms of establishing local priorities and making decisions on the best way to provide their communities with necessary services and ensuring residents’ well-being. First Nations and municipal governments provide key services such as water and waste-water, solid waste management, fire protection, and land-use planning. A key difference in terms of law enforcement is that municipalities will often create bylaws to tailor laws to local needs and concerns. The decision to pass the bylaw lies strictly with the municipal council. A First Nation will more frequently pass band council resolutions as they may be passed solely with the approval of the band council. However, bylaws must be submitted to Aboriginal Affairs and Northern Development (AANDC) for approval and are thus much more time-consuming and tedious.
Funding federal (transfers, funding agreements) tribal councils organizations (grants) taxation provincial transfers organizations (grants) federal grants
First Nations and municipal govern-ments are responsible for ensuring that their initiatives are backed by funds, whether that is through taxa-tion, user fees, or transfer payments from other government bodies. All municipalities receive the most significant source of funding from
UNIT
2
2.2 Municipal governance
structures
The way municipalities are referred to varies greatly from province to province. They can be defined as any local government below the provincial level with the most significant being a municipality. Some other common examples include cities, towns, regional districts, town-ships, and metropolitan municipalities. Across the country, close to 3,700 municipal authori-ties deliver services to local communiauthori-ties.
2.2.1 Municipal acts and ministries
Each province is responsible for its municipali-ties and organizes those municipalimunicipali-ties under a provincial Municipal Act, which outlines the roles and responsibilities of municipal govern-ments in relation to the provincial government. Due to this arrangement, municipal structures differ depending on the province. However, each province has a legislative assembly that is responsible for creating municipalities, alter-ing borders and modifyalter-ing legislation. Each province has a ministry that is responsible for municipal affairs, which includes enforcing general rules surrounding municipal operations and taxation.2.2.2 Municipal councils
Mayor, Reeve or Chief Elected Official
The head of the elected municipal council can be referred to as a Mayor, Reeve, Chief elected official, or head of council depending on the province. In some cases, names differ within the province. In this document, we refer to this position as the Mayor. The Mayor is head of the municipal council, although he or she has little independent control. Mayors chair all meetings, can attend any special committee meetings and may provide recommendations to council. Mayors act as the spokesperson and as the figurehead of the council and municipality. The Mayor is elected by the community at large.
Municipal council
The municipal councils are responsible for a variety of services including transportation, road maintenance, parks and recreation facilities, land-use planning, local economic develop-ment, wastewater treatdevelop-ment, potable water provision, solid waste and recycling programs, some social services, education and in some cases local health services. They also have the power to subcontract a service. For example, the city could hire a private company to collect waste rather than running its own waste collec-tion program. Every municipal council will have different priorities or focus areas based on local needs, current provincial policies and local traditions.
In many cases, the municipal council will form a series of committees that are responsible for directing municipal public service. The number of committees will be completely dependent on the size of the municipality and the municipal-ity’s needs. The councillors on each committee will report back to the municipal council and make recommendations.
Municipal councils include the Mayor and councillors for a municipality.
Councillors
Councillors are elected differently in each municipality, but there are two primary ways. In the first system, municipal councillors are elected at large. This means that all voters within a municipal boundary will select a predetermined number of councillors out of all of the candidates in the entire municipality. For example, if there are six councillor positions and ten candidates running in the election, the six candidates with the overall highest number of votes will get the positions.
The second system involves partitioning the municipality into wards or sections. Each ward may have one or in some cases two council-lors. Voters in each ward may only vote for the candidates who are running for election in
UNIT
2
their ward. The candidate(s) with the highest number of votes in each ward will form the municipal council.
Regional district councils
Regional district councils are made up a series of elected municipal officials from several municipalities who have been appointed to represent their municipality on the regional district council. In some cases, individual municipalities may have a separate election to choose who should represent the municipality at the regional level. Regional district councils have a variety of responsibilities as they relate to the overall well-being of the region. For example, this could include medium- and long-term planning for infrastructure, water management, public safety and regional roads.
Special authorities
Special authorities are more autonomous than a regional district council. Municipalities will voluntarily cooperate on specific issues where common interests are shared and resources can be pooled to make for more effective service delivery. In many cases, authorities will exist for solid waste collection, recycling and hazardous waste programs, and public transit. A board of directors, made up of elected of-ficials from the participating municipalities, controls special authorities.
Metropolitan community councils
Metropolitan community councils consist of several municipalities and are therefore head-ed by a council, which is made up of electhead-ed officials who have been appointed to represent their community. Metropolitan communities are responsible for policies related to regional planning, economic development, solid waste, public transit and equipment and infrastruc-ture for the metropolitan community. Metro
2.2.3 Municipal administration
The Mayor and council ensure the creation of policy and steer the direction of the munici-pality. However, the municipal administration is responsible for ensuring that all the services and activities that the municipality must or decides to undertake are administered. The employees who make up a municipal administration have a wide variety of skill sets. They include accountants, fire fighters, public works personnel, community planners, animal control staff, secretaries, engineers, truck driv-ers and recreation directors.
Chief Administrative Officer (CAO)
The Chief Administrative Officer is responsible for ensuring that all policies and services are delivered smoothly. Some tasks that a CAO may have are drawing up bylaws, preparing agendas and minutes, publishing official notices and providing information to the public. The CAO acts as the connection between the Mayor, council and the municipal administration. They also may provide advice to the council and represent the council in ne-gotiations with other governments or agencies.
2.2.4 Municipal services
Each province has a municipal act, which defines specifically which services each municipality is responsible for. It is often difficult to completely delineate which respon-sibilities are held solely by the municipality or what should be taken care of by the provincial or territorial governments or the federal gov-ernment. The level of service provided by each municipality varies greatly across Canada. It is completely dependent on the size of the municipality and what level of services the municipality may afford. For example, some municipalities can afford a full-time fire department while smaller ones may have a
UNIT
2
Shared municipal and provincial servicesSome services are split between the province and the municipality, although some provinces stipulate that the municipality or the province alone is responsible for the following services. For the most part, these services are areas of joint responsibility:
• emergency response and ambulance services
• preservation of agricultural lands • policing services
2.2.5 Municipal funding
Taxation
Municipalities, unlike the federal and provincial governments cannot charge personal income tax and taxes on corporations; therefore, municipalities tax property within their bound-aries as a source of revenue. Local authorities set tax rates based on their average annual ex-penditures and therefore property tax rates vary greatly across Canada. Municipalities also may charge municipal taxes to cover the cost of ser-vices (such as solid waste collection, recycling and snow removal) or on a pay-per-use basis (such as entrance fees to a recreation facility).
Transfer payments
Municipalities also receive transfer payments from the provincial government. In some cases the payments can be used as the municipality deems appropriate. In other cases funding may be granted to the municipality with specific programs and goals in mind.
2.3 First Nations governance
structures
Today, the structure of the Chief and council governance on First Nations reserves reflects the changes enforced by the British and Cana-dian governments since the 19th century. This structure became formalized in the Indian Act. Since the initial formalization, band council structures are increasingly flexible in terms of the extent to which traditional political structures and decision-making processes are observed and the types of issues that band councils deal with.
Due to the relative flexibility that has been realized, First Nations governance structures vary greatly across Canada. While some exist with minimal governance, others are completely self-governing, although most fall somewhere in between.
Today, many First Nation communities manage multimillion-dollar administrative operations that deliver services in the areas of economic development, health, housing, public works, recreation, education and social services.
2.3.1 The
Indian Act
The Indian Act outlines the procedure for selecting a Chief and council. The Act does not provide a framework for the separation of political and administrative functions in a band nor the way in which finances will be managed. First Nations must deal with growing respon-sibilities in band administration, increased pressures of transparency and accountability and increased complexity in governance. This causes a fair amount of diversity in the ways in which bands are run based on band policy and unique administrative organization.
UNIT
2
2.3.2 Chief and council
Band council regulations are outlined in Section 74 of the Indian Act. According to the Indian Act, each band will have one Chief who is elected either by majority vote by the community at large or by majority vote of the elected councillors. After a Chief is elected, he or she is still considered a councillor and is able to vote in community affairs. Councillors may be elected by the community at large or by electoral wards or sections. By default, all bands vote at large for their council members, unless a band-wide referendum was held to determine that the reserve should be divided into wards or sections. According to the Indian
Act, there must be at least one councillor
for every 100 band members, although each band council may have a minimum of two councillors and a maximum of 12 councillors. Chief and council are elected for two-year terms in accordance with the Indian Act. According to Aboriginal Affairs and Northern Development Canada (AANDC), there are three ways in which a Chief and council may be selected: using an election process outlined in the Indian Act (252 bands); using a custom system that was developed by the community (333 bands); and finally, using a system that was developed under a self-governance agreement (29 bands). Custom systems may refer to either a system of hereditary leadership in which no elections are held or may refer to election protocols that have been developed and ratified by the com-munity. Custom systems may not be reflective of pre-European contact forms of governance, but often provide local contextualization of the Indian Act processes. Some communities may not have formalized protocols; they may simply follow a system that was agreed upon
2.3.3 Tribal councils
Tribal councils act as an important form of First Nations governance. They consist of a grouping of bands from a region with similar interests that join together on a voluntary basis. Tribal councils can offer services and programs to their member First Nations and may form agreements with other federal de-partments such as Health Canada and Natural Resources Canada.
Representatives of tribal councils are usually Chiefs or elected band council members and are extremely flexible as to the issues they address. AANDC has devolved many of its advisory functions to tribal councils and they may as a result be responsible for economic development, comprehensive community planning, technical services, and band governance issues. Funding from AANDC is based directly on the services that the tribal council provides. There are approximately 78 tribal councils across Canada serving 475 First Nations.
2.3.4 Band administration
The Chief and band council steer the direction of the community and make decisions perti-nent to a community’s well-being. However, the band administration is responsible for ensuring that all the services and activities that the council must or decides to undertake are administered to the community. Band administration employees have a wide variety of skill sets. They include financial experts, fire fighters, day care workers, public works personnel, community planners, animal con-trol staff, social services directors, secretaries, engineers and truck drivers.
Band manager
UNIT
2
agendas and minutes, advising the bandcoun-cil, publishing official notices and providing information to the public. The band manager works closely with the Chief, council and band administration staff. He or she may provide advice to the council and represent the coun-cil in negotiations with other governments or agencies. Occasionally, the band manager may also be a member of the band council.
2.3.5 Social structure
Elders
Elders are men or women in the community whose wisdom about culture, spirituality and life is recognized. Community members tradi-tionally value the input of Elders in matters re-lated to the community, whether such matters concern traditional or contemporary issues.
2.3.6 Band services
Section 81 of the Indian Act outlines the responsibility of the band council to provide services to the band. It also details the scope to which bands have bylaw-making authorities; this section of the Indian Act contains the majority of local responsibilities. Section 83, which was later amended with the Kamloops Amendment, expands on the band’s ability to tax lands, leased lands and businesses. A full list of services outlined in the Indian Act is provided in Table 2 in Unit 2, Chapter 2.1.
2.3.7 Band funding
Taxation and user fees
Section 83 of the Indian Act provides that band councils have the power to establish property tax regimes on reserve. To collect property taxes, the band council is required to create several bylaws that must first be approved by the Minister of AANDC upon the recommendation of the First Nations Taxation Commission. The bylaws that must be passed include the Real Property Tax and Assessment Bylaw and the Annual Rates Bylaw. Because this is an optional source of funding that must
be instigated by the band council of each First Nation, not all bands will have revenue from property taxation. Currently, 120 First Nations charge property taxes across Canada.
Band councils, under Section 81 of the Indian
Act also have the ability to institute user fees
for services such as electricity, water, waste-water and solid waste collection. The extent to which a band council decides to charge user fees varies from band to band.
Transfer payments
AANDC provides transfer payments to First Nations governments for the provision of programs and services, which the First Nation is responsible for providing to its residents. Generally, this funding is linked to funding agreements, which stipulate the specific terms and conditions that must be met.
Funding agreements
Funding agreements have terms and condi-tions attached to them that may include stipulations. These could include the provision of records, financial reporting, program report-ing and provision of specific project goals and requirements (e.g., policy development and training).
Contribution agreement
A contribution agreement is an agreement un-der which the party that unun-dertakes the work (provides the services, etc.) receives a refund of actual expenditures for a specific project.
Flexible transfer agreement
A flexible transfer agreement is an agreement where funding is provided in advance of a project’s completion. The band may retain any surplus funding provided that the terms and conditions of the agreement have been fulfilled.
Grant
A grant is an unconditional transfer of funds from the federal government to an individual band.
UNIT
2
2.4 Governance structure references
First Nations Governance
Aboriginal Affairs and Northern Development
This website provides more information about First Nations governance structures in Canada and explains which functions of First Nations governments are supported by AANDC. Additional information about tribal councils and other forms of First Nations governance can be explored by following the links provided on the website.
Your Guide to Municipal Institutions in Canada Federation of Canadian Municipalities
This publication provides an overview of the roles of municipal governments across Canada and provides some province-to-province comparisons on the way municipalities are managed. Information about roles, funding and services are discussed.
Local Government in British Columbia: A Community Effort Union of British Columbia Municipalities
This publication provides an overview of the roles of municipal governments in British Columbia. Information about roles, funding and services are discussed.
Interactive Map — First Nations Communities in Canada Aboriginal Affairs and Northern Development
This map includes all First Nations communities in Canada and includes reserve boundaries and, when zoomed in, the names of the communities in the area. You can click a reserve name to view that community’s profile, which includes population, Chief, electoral system, address and links to band websites and other websites of interest. You can also click the link, First Nation Profile, to view the telephone and fax numbers.
First Nations of Ontario Community Profiles Chiefs of Ontario
This website provides a variety of facts about most of the First Nations in Ontario. Although most statistics are also available on the AANDC community profiles website, this site provides profiles of service agreements and other areas of cooperation (education, for example) with neighbouring communities.
